-A.  W  .A.  C  T 


RELATING  TO 


THE  JERSEY  CITY 


Water  and  Drainage 


WORKS. 


APPROVED  APRIL  2.  1869. 


JERSEY  CITY: 


FEINTED  BY  JOHN  H.  LYON 


1  S  *3  9  . 


Digitized  by  the  Internet  Archive 
in  2018  with  funding  from 

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i 

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https://archive.org/details/actrelatingtojerOOnewj 


3  5  2.L 

IN  4  io  0^ 


s 

W  STATE  OF  NEW  JERSEY. 


AN  ACT 

Relating  to  the  Jersey  City  Water  and  Drainage  Works. 

1.  Be  it  enacted,  by  tlie  Senate  and  General  Assembly 
of  the  State  of  New  Jersey ,  That  the  Mayor  and  Common 
Council  of  Jersey  City  be,  and  hereby  are  authorized  in  the 
manner  hereinafter  provided,  to  take  and  convey  into  and 
through  Jersey  City,  and  such  other  places  adjacent  thereto, 
as  may  desire  the  same,  such  portion  of  the  water  of  Passaic 
river  flowing  between  the  villages  of  Acquackanonk  and 
Belleville,  as  may  be  required  to  furnish  the  inhabitants  of  the 
said  places,  with  a  sufficient  quantity  of  pure  and  wholesome 
water  for  domestic  and  other  purposes. 

2.  And  be  it  enacted ,  That  all  authority  granted  or  given 
by  this  act,  shall  be  exercised  exclusively  by  and  through  a 
board  of  commissioners  to  be  appointed  as  hereinafter  direct¬ 
ed  ;  and  in  pursuance  of  this  authority,  the  said  commission¬ 
ers  may  employ  all  proper  engineers,  surveyors,  clerks,  and 
other  agents  and  assistants,  necessary  or  convenient  for  ac¬ 
complishing  the  purpose  contemplated  by  this  act,  and  may 
enter  upon  any  land  or  water  for  the  purpose  of  making 
surveys  and  examinations  for  the  same. 

3.  And  be  it  enacted ,  That  the  said  commissioners  shall, 

for  and  in  the  name  of  “  the  Mavor  and  Common  Council  of 

«/ 

Jersey  City,’’  take  and  hold  any  lands  or  other  real  estate 
necessary  for  the  construction  of  any  canals,  aqueducts,  res¬ 
ervoirs,  or  other  works  for  conveying  or  containing  water,  or 
for  the  erection  of  any  buildings  or  machinery,  or  for  laying 
any  pipes  or  conduits  for  conveying  the  water  into  or  through 


Authority 
to  take  wa¬ 
ter  from 
Passaic 
river. 


Authority 
to  be  exer¬ 
cised  by  \va- 
rer  commis¬ 
sioners. 


Laud  may 
be  taken. 


4 


Water  may 
be  distri¬ 
buted. 


How  disa¬ 
greement 
about  laud 
to  be  set¬ 
tled. 


Money 
therefor 
paid  into 
court. 


Works  may 
be  bnilt  un¬ 
der  roads. 


the  said  places,  or  for  the  construction  of  the  sewerage  works 
provided  for  in  this  act,  or  to  secure  and  maintain  any  por¬ 
tion  of  the  works ;  and  in  general  to  do  any  other  act  neces¬ 
sary  or  convenient  for  accomplishing  the  purposes  contem¬ 
plated  by  this  act ;  and  may  distribute  water  throughout  the 
corporate  limits  of  Jersey  City,  and  through  such  portions  of 
the  counties  of  Hudson  and  Bergen  as  the  inhabitants  there¬ 
of  may  desire. 

4.  And  be  it  enacted ,  That  in  case  of  any  disagreement 
between  the  commissioners  and  the  owners  of  any  lands  or 
water  rights  which  may  be  required  for  the  said  purposes,  or 
affected  by  any  operation  connected  therewith,  as  to  the 
amount  of  compensation  to  be  paid  to  such  owner,  or  in  case 
any  such  owner  shall  be  an  infant,  or  a  married  woman,  or 
unknown,  or  insane,  or  shall  be  absent  from  this  state,  the 
circuit  court  in  and  for  the  county  of  Hudson  shall,  on  the 
application  of  either  party,  nominate  and  appoint  three  dis¬ 
interested  persons,  to  examine  such  property,  and  estimate 
the  value  thereof,  or  damage  sustained  thereby;  and  who 
shall,  after  reasonable  notice  to  the  parties,  of  the  time  and 
place  where  they  will  be  heard  in  relation  to  the  matter,  pro¬ 
ceed  without  delay  to  make  their  report  thereon,  and  deliver 
the  same  to  the  court  at  the  next  session  thereof,  which 
shall  be  held  in  the  said  county. 

5.  And  be  it  enacted ,  That  whenever  such  report  shall  be 
confirmed  by  the  court  aforesaid,  the  commissioners  shall, 
within  two  months  thereafter,  pay  to  the  said  owner,  or  to 
such  person  or  persons  as  the  court  may  direct,  the  sum  men¬ 
tioned  in  said  report,  in  full  compensation  for  the  property 
so  required,  or  for  the  damage  sustained,  as  the  case  may  be; 
and  thereupon  the  Mayor  and  Common  Council  of  Jersey 
City  shall  become  seized  in  fee  of  such  property  so  required, 
and  shall  be  discharged  from  all  claim  by  reason  of  such  dam¬ 
age  ;  but  no  claim  shall  be  made  or  allowed  after  the  expir¬ 
ation  of  three  years  from  the  time  the  land  is  taken,  or  the 
damage  suffered. 

6.  And  be  it  enacted ,  That  the  commissioners  in  behalf  of 
the  Mayor  and  Common  Council  of  Jersey  City,  and  all 


5 


persons  acting  under  tlieir  authority,  shall  have  the  right  to 
use  the  ground  or  soil  under  any  road,  railroad,  highway, 
street,  lane,  alley,  or  court,  within  this  state,  for  the  purpose 
of  constructing  the  works  contemplated  by  this  act,  on  con¬ 
dition  that  they  shall  cause  the  surface  of  such  road,  railroad, 
highway,  street,  lane,  alley,  or  court,  to  be  restored  to  its  or¬ 
iginal  state,  and  all  damages  done  thereto  to  he  repaired. 

7.  And  be  it  enacted ,  That  all  contracts  for  materials,  or 
for  the  construction  of  the  work,  shall  be  made  in  writing, 
and  of  each  contract  three  copies  shall  be  taken,  which  shall 
be  numbered  with  the  same  number  and  endorsed  with  the 
name  of  the  contractor,  and  a  summary  of  the  work  to  be 
done  or  materials  furnished ;  one  of  such  copies  shall  be  de¬ 
posited  with  the  comptroller  of  Jersey  City,  or  such  other 
officer  as  the  Common  Council  may  direct,  and  one  shall  he 
retained  by  the  commissioners. 

8.  And  be  it  enacted ,  That  public  notice  shall  be  given  of 
the  time  and  place  at  which  sealed  proposals  will  be  received 
for  entering  into  contracts,  by  publishing  the  same  in  two 
newspapers  published  in  the  county  of  Hudson  for  at  least 
twenty  days ;  and  all  proposals  for  contracts  shall  be  for  a 
sum  certain,  as  to  the  price  to  be  paid  or  received ;  and  no 
proposition  which  is  not  thus  definite  and  certain,  or  which 
contains  any  alternative,  condition  or  limitation  as  to  price, 
shall  be  received  or  acted  upon  ;  nor  shall  more  than  one 
proposition  be  received  from  any  one  person  for  the  same 
contract,  directly  or  indirectly ;  and  all  the  propositions  of 
any  person  offering  more  than  one,  shall  be  rejected  ;  and 
every  person  or  persons  proposing  as  aforesaid,  shall  accom¬ 
pany  such  proposition  with  a  bond,  to  be  approved  by  the 
commissioners,  conditioned  to  faithfully  carry  into  effect  his 
or  their  proposition,  if  accepted. 

9.  And  be  it  enacted ,  That  every  person  who  shall  enter 
into  any  contract  with  the  commissioners,  for  the  supply  of 
materials  or  the  performance  of  any  work  or  labor,  shall  give 
satisfactory  security  for  the  faithful  performance  of  his  con¬ 
tract,  according  to  its  terms ;  and  no  commissioner  shall  be 
interested,  directly  or  indirectly,  in  any  contract  relating  to 
said  work. 


Contracts  to 
be  in  writ¬ 
ing. 


To  adver¬ 
tise  for  pro 
posals. 


Contractors 
to  give  se¬ 
curity. 


No  commis¬ 
sioner  to  be 
interested. 


6 


Materials 
exempt 
from  execu 
tiou. 


Stock  au¬ 
thorized. 


10.  And  be  it  enacted ,  That  all  materials  procured,  or  par- 
.  tially  procured,  under  contract  with  the  commissioners,  shall 

be  exempt  from  execution  ;  but  it  shall  be  the  duty  of  the 
commissioners  to  pay  the  moneys  due  to  such  contractor,  tor 
such  materials,  to  the  judgement  creditor  of  the  contractor, 
under  whose  execution  such  materials  might  otherwise  have 
been  sold,  upon  his  producing  to  them  due  proof  that  his  exe¬ 
cution  would  have  so  attached,  and  such  payment  shall  he 
held  as  valid  payment  on  the  contract. 

11.  And  be  it  enacted ,  That  for  the  purpose  of  defraying 
all  the  expenses  and  the  cost  of  such  lands  as  shall  be  taken 
or  purchased  for  the  purposes  of  this  act,  and  for  construct¬ 
ing  all  works  necessary  to  the  full  accomplishment  thereof, 
and  all  expenses  incidental  thereto,  said  hoard  of  commission¬ 
ers  shall  have  authority  to  issue  in  the  name  of  the  said 
and  Common  Council  of  Jersey  City,  notes  or  scrip,  or 
certificates  of  debt,  to  be  denominated  on  the  face,  “  Jersey 
City  Water  Scrip,”  to  an  amount  in  the  whole  not  exceed¬ 
ing  two  millions  of  dollars,  including  the  amount  already  is¬ 
sued,  bearing  an  interest  not  exceeding  seven  per  cent,  per 
annum,  and  said  interest  shall  be  payable  semi-annually,  and 
the  principal  of  said  debt  shall  be  payable  at  periods  not 
less  than  fifteen,  or  more  than  fifty  years  from  date  ;  and 
the  commissioners  may  sell  the  same,  at  public  or  private 
sale,  at  par  or  above,  at  such  time  as  the  proceeds  thereof 
may  be  required  for  the  construction  of  the  works,  or  may 
pledge  the  same,  for  money  borrowed  at  a  higher  rate  of  in¬ 
terest,  if  in  their  opinion,  the  necessities  of  the  work  require 
such  proceeding  ;  provided,  that  no  higher  rate  of  interest  be 
paid  for  any  sum  of  money  borrowed  on  a  pledge  of  said 
scrip  than  at  the  rate  of  seven  per  cent,  per  annum  and  the 
payment  of  all  interest  accruing  beyond  the  amount  which 
may  be  paid  from  the  rents  received  for  the  use  of  the  water, 
shall  be  provided  for  and  paid  by  the  Mayor  and  Common 
Council  of  Jersey  City,  who  are  hereby  authorized  and  re¬ 
quired  to  raise  and  assess  for  that  purpose,  by  tax,  such 
amount  as  may  be  necessary,  above  the  other  taxes  author¬ 
ized  by  law.  All  certificates  issued  as  aforesaid,  shall  be 


7 


signed  by  the  commissioners,  or  a  majority  of  them,  and 
countersigned  by  the  mayor  of  Jersey  City  ;  and  a  record  of 
all  certificates  issued  or  disposed  of  shall  be  kept  by  the  com¬ 
missioners,  and  copies  of  such  record  shall  be  made  and  de¬ 
livered  to  the  treasurer  of  Jersey  City  ;  all  moneys  received 
by  the  commissioners  shall  be  deposited  by  them  in  some 
bank  or  banks  of  good  credit  in  the  state  of  New  Jersey  or 
in  the  city  of  New  York,  and  be  made  payable  to  the  joint 
order  of  the  president,  and  at  least  two  other  members  of  the 
board  only. 

12.  And  be  it  enacted ,  That  the  commissioners  shall  keep 
regular  books  of  accounts,  and  books  for  recording  the  whole 
of  their  official  proceedings  ;  and  the  said  commissioners, 
and  the  clerks  employed  in  their  service,  shall  be  sworn  to 
the  faithful  performance  of  their  duties  ;  and  all  such  books 
shall  be  open  to  the  examination  of  any  person  or  persons 
appointed  for  that  purpose  by  the  Mayor  and  Common  Coun¬ 
cil  of  Jersey  City  ;  the  commissioners  shall  also  on  the  first 
Tuesday  in  January,  in  every  year,  make  a  report  to  the 
said  Mayor  and  Common  Council  of  the  condition  of  the 
works  under  their  charge,  accompanied  by  a  statement  of 
their  receipts  and  expenditures  on  account  of  the  same. 

13.  And  be  it  enacted ,  That  the  board  of  commissioners, 
for  the  time  being,  shall  regulate  the  distribution  and  use  of 
the  water,  in  all  places,  and  for  all  purposes,  where  the  same 
may  be  required,  and  from  time  to  time  shall  fix  the  price 
for  the  use  thereof,  and  the  times  of  payment ;  and  may 
erect  such  number  of  public  hydrants,  and  in  such  places  as 
they  shall  see  fit,  and  direct  in  what  manner  and  for  what 
purposes  the  same  shall  be  used  ;  all  which  they  may  change 
at  their  discretion. 

14.  And  be  it  enacted ,  That  the  water  commissioners  of 
Jersey  City  shall  from  time  to  time  fix  the  prices  to  be  charg¬ 
ed  for  the  use  of  Passaic  water  where  the  same  is  taken  and 
used,  and  the  owner  and  occupier  of  any  house,  lot  or  tene¬ 
ment,  shall  each  be  liable  for  the  payment  of  the  price  so  fixed  ; 
and  the  said  commissioners  shall  also  from  time  to  time 
fix  a  sum,  to  be  assessed  annually  upon  all  vacant  lots,  and 


Commis¬ 
sioners  to 
keep  books. 


To  make 
reports. 


Commis¬ 
sioners  to 
regulate  use 
of  water 
and  fix 
price. 


Who  to  pay 
for  water. 


Shall  assess, 


8 


A  lieu. 


lots  with  buildings  thereon,  in  which  Passaic  water  is  not 
taken,  if  the  same  are  situated  upon  any  road,  street,  avenue, 
lane,  alley,  or  court,  in  Jersey  City,  through  or  in  which 
pipes  for  distributing  the  water  are  laid,  which  prices  and 
sums  so  fixed  and  assessed  shall  be  denominated  “  water 
rents  ;  ”  and  the  said  water  commissioners  shall  from  time  to 
time  determine  and  give  public  notice  of  the  times  and  places 
at  which  the  said  water  rents  shall  be  due  and  payable,  and 
the  penalties  to  be  charged  for  delaying  the  payments  be¬ 
yond  the  times  so  fixed  ;  and  the  said  water  rents  shall,  until 
paid,  be  liens  upon  the  property  charged  therewith  :  and  the 
water  commissioners  may  at  any  time  after  the  twentieth 
day  of  December,  in  each  year,  deliver  to  the  Mayor  and 
Common  Council  of  Jersey  City,  an  account  certified  under 
the  hands  of  the  president,  of  all  such  water  rents  and  pen¬ 
alties  for  delinquency,  as  were  due  before  said  twentieth  day 
of  December,  and  remain  unpaid,  with  the  name  of  the  own¬ 
er  or  occupier  of  the  lot  liable  to  said  rent,  or  whereon  the 
water  was  used,  for  which  such  rent  was  charged,  and  a  des¬ 
cription  or  designation  of  such  lot,  and  sucii  certified  ac¬ 
count,  shall  be  filed  in  the  office  of  the  city  clerk,  and  record¬ 
ed  in  a  book  to  be  kept  for  that  purpose ;  the  said  account 
and  book,  and  duly  certified  copies  thereof,  shall  be  evidence 
of  the  facts  contained  therein,  and  the  said  Mayor  and  Com¬ 
mon  Council  may,  and  shall,  upon  receiving  said  certified  ac¬ 
count,  cause  said  lands  to  be  sold  for  the’ payment  of  said 
water  rents  and  penalties,  and  the  interest  thereon  from  said 
twentieth  day  of  December,  at  the  rate  of  twelve  per  centum 
per  annum,  and  also  costs,  charges  and  expenses  of  advertis¬ 
ing  and  sale,  in  the  same  manner  as  said  Mayor  and  Common 
Council  are,  or  may  be,  authorized  by  law  to  sell  lands  in 
said  city  for  the  payment  of  taxes  thereon,  and  said  proceed¬ 
ings,  and  the  effect  thereof,  shall  be  the  same  in  all  things  as 
if  the  said  lands  were  sold  for  taxes;  and  said  Mayor  and 
Common  Council  shall,  upon  receiving  the  rents,  penalties 
and  interest  from  such  sale,  immediately  pay  over  the  same 
to  said  water  commissioners,  and  until  such  sale  said  water 
commissioners  shall  have  power  to  collect  and  receive  said 


9 


water  rents  and  penalties,  with  interest  thereon,  at  the  rate 
of  twelve  per  centum  per  annum  from  such  twentieth  day  of 
December,  and  the  costs  that  may  have  accrued  thereon,  and 
shall,  before  such  sale,  certify  to  the  city  clerk  what  rents, 
penalties  and  interest  thereon,  contained  in  such  certified 
account,  have  been  since  paid. 

15.  And  be  it  enacted ?,  That  the  said  commissioners  shall 
make  no  contracts  for  the  price  of  using  water,  for  a  longer 
term  than  three  years,  and  at  the  expiration  of  any  term  or 
lease,  the  price  for  the  use  thereof  shall  be  adjusted  accord- 
in  g  to  the  regulations  then  established. 

16.  And  be  it  enacted,  That  the  water  commissioners  of 
Jersey  City  shall  fix  the  aforesaid  water  rents  or  prices  for 
water  and  assessments  upon  property  situated  where  distri¬ 
buting  pipes  are  laid,  with  reference  to  paying  from  the  pro¬ 
ceeds  thereof  the  interest  and  principal  of  the  u  Jersey  City 
water  scrip,”  or  bonds,  as  they  respectively  fall  due;  and 
such  portions  of  the  monies  received  by  the  said  commission¬ 
ers  as  may  remain,  after  paying  all  expenses  for  extending 
and  maintaining  the  works  and  raising  and  distributing  the 
water,  and  salaries,  wages  and  incidental  charges,  shall  be 


Contracts 
for  water. 


Water 
rents,  &c., 
how  ap¬ 
plied. 


applied,  first,  to  the  payment  of  interest  upon  the  debt  cre¬ 
ated  for  the  construction  of  the  works  ;  and  next,  to  the 
purchase  of  the  u  scrip  ”  or  bonds  issued  therefor,  if  the  same 
can  be  obtained  at  reasonable  rates,  or  if  that  cannot  be 
effected,  then  to  be  safely  invested  by  the  said  water  commis¬ 
sioners,  and  allowed  to  remain  as  a  sinking  fund,  to  be  ap¬ 
plied  to  the  payment  of  scrip  at  its  maturity. 

IT.  And  be  it  enacted ,  That  if  the  occupier  of  any  tene-  Landlord 

.  .  0  -1*1  and  tenant. 

ment,  or  lot,  for  the  use  of  water,  upon  which  any  water 
rent  may  become  due  while  the  same  is  occupied  by  him, 
shall  refuse  or  neglect  to  pay  the  same  when  due,  the  owner 
of  such  tenement,  or  lot,  may  pay  said  rent  and  the  penalties 
thereon,  with  interest,  and  may  recover  the  same  with  lawful 
interest  thereon,  from  such  payment  of  such  occupier,  by 
action,  or  in  case  such  occupier  is  the  tenant,  or  sub-tenant, 
of  such  owner,  by  action  or  distress,  to  be  made  and  con¬ 
ducted  in  the  same  manner  as  a  distress  for  rent  for  saidpre- 
2 


10 


Quorum. 


Commis¬ 
sioners  may 
sue. 


mises,  such  distress  to  be  levied  in  six  months  after  such 
payment,  and  not  to  be  levied  for  more  than  one  year,  with 
rent  and  penalties,  and  interest  thereon,  and  such  rent, 
penalties,  and  interest,  shall  in  no  case  be  recovered  by  such 
owner,  of  such  occupier,  unless,  as  between  said  owner  and 
occupier,  such  occupier  shall  be  by  law  bound  to  pay  the 
same. 

18.  And  be  it  enacted ,  That  a  majority  of  the  said  com¬ 
missioners  shall  constitute  a  quorum  for  the  transaction  of 
any  business  allowed  or  required  by  the  powers  or  duties  of 
their  commission,  and  all  contracts  and  engagements,  acts 
and  doings  of  the  said  commissioners  within  the  scope  of 
their  duty  or  authority,  shall  be  obligatory  upon  and  be  in 
law  considered  as  done  by  the  Mayor  and  Common  Council 
of  Jersey  City  ;  and  the  said  Mayor  and  Common  Council, 
and  all  real  estate  within  Jersey  City,  and  all  goods  and 
chattels  within  said  city  belonging  to  residents  thereof,  shall 
be  liable  for  the  payment  of  the  principal  and  interest  that 
may  become  due  on  the  scrip  or  bonds  to  be  issued  by  virtue 
of  this  act. 

19.  And  be  it  enacted ,  That  the  said  commissioners  may 
prosecute  or  defend  any  action  or  process  of  law  or  in 
equity,  by  the  name  of  the  “  Water  Commissioners  of  Jer 
sey  City,”  against  any  person  or  persons,  for  money  due  for 
the  use  of  the  water  ;  for  the  breach  of  any  contract,  express 
or  implied,  touching  the  execution  or  management  of  the 
works  or  the  distribution  of  the  water,  or  of  any  promise  or 
contract  made  to  or  with  them  ;  and  also  for  any  injury,  or 
trespass,  or  nuisance  done  or  suffered  to  the  water  courses, 
pipes,  machinery,  or  any  apparatus  belonging  to  or  con¬ 
nected  with  any  part  of  the  works,  or  for  any  improper  use 
or  waste  of  the  water  ;  and  any  vacancy,  or  the  filling  any 
vacancy  in  the  board  of  commissioners,  either  before  or  after 
any  cause  of  action  arises  or  suit  is  commenced,  shall  not 
change  the  right  of  said  commissioners,  as  a  body,  to  com¬ 
mence  or  maintain  such  action  or  process  at  law  or  in  equity  ; 
but  in  all  such  cases  they  shall  be  considered  from  the  time 
of  the  organization  of  the  board  as  a  corporation. 


11 


20.  And  be  it  enacted ,  That  if  any  person  or  persons  shall 
maliciously  or  wilfully  divert  the  water  or  any  portion 
thereof  from  the  said  works,  or  shall  corrupt  or  render  the 
same  impure,  or  shall  destroy  or  injure  any  canal,  aqueduct, 
pipe,  conduit,  machinery,  or  other  property,  used  or  required 
for  procuring  or  distributing  the  water  shall  in  any  manner 
wilfully  or  maliciously  destroy,  injure,  or  obstruct  any  works 
connected  with  the  drainage  of  Jersey  City,  or  shall  unne¬ 
cessarily  or  maliciously  open  any  gates  belonging  thereto,  or 
otherwise  let  off  or  waste  the  water,  to  the  injury  of  any 
part  of  the  said  works,  or  shall,  in  any  way,  hinder  or  im¬ 
pede  any  of  the  opeations  intended  to  be  accomplished 
thereby,  he,  she  or  they  so  offending,  shall  be  considered 
guilty  of  misdemeanor,  and  on  being  convicted  thereof  shall 
be  punished  by  fine  or  imprisonment,  or  both,  at  the  discre¬ 
tion  of  the  court  in  which  such  conviction  shall  be  had ; 
provided  such  fine  shall  not  exceed  the  sum  of  fifty  dollars, 
nor  the  imprisonment  the  term  of  one  year ;  and  such  crimi¬ 
nal  prosecution  shall  in  no  case  impair  the  right  of  action 
for  damages  by  a  civil  suit  which  may  be  brought  by  the 
water  commissioners  of  Jersey  City. 

21.  And  be  it  enacted ,  That  for  the  security  and  proper 
management  of  the  Jersey  City  water  works  and  drainage 
works,  and  to  prevent  the  waste  or  improper  use  of  water, 
the  water  commissioners  of  Jersey  City  shall  have  power  to 
make$such  by-laws,  rules  and  regulations  respecting  the  intro¬ 
duction  of  Passaic  water  into  houses,  tenements,  and  manu¬ 
factories,  or  other  places  where  the  same  may  be  required, 
and  may  from  time  to  time  regulate  the  use  thereof  in  such 
manner  as  shall  seem  to  them  necessary  and  proper  ;  and  also 
to  fix  and  determine  of  what  size  and  forms,  and  of  what 
materials,  and  in  what  manner  private  drains  shall  be  laid 
and  connected  with  the  sewers  or  drain  pipes  in  the  streets 
or  thoroughfares  in  the  city,  and  may  fix  the  penalties  to  be 
recovered  for  breaches  or  evasions  of  all  such  rules  ;  pro¬ 
vided  such  rules,  regulations  and  by-laws  are  not  inconsistent 
with  the  constitution  and  laws  of  the  state  of  hi ew  Jersey, 
or  of  the  United  States,  and  that  the  penalty  imposed  in  any 
0ne  case  shall  not  exceed  the  sum  of  fifty  dollars. 


Penalty  for 

injuring 

works. 


Commis¬ 
sioners  can 
make  rules. 


12 


Commis¬ 
sioners  may 
enter  and 
examine. 


Penalties. 


Penalties 
for  obstruc¬ 
tions  to 
woHks. 


Fines,  &c., 
how  reco¬ 
vered. 


22.  And  be  it  enacted ,  That  the  water  commissioners  of 
Jersey  City,  and  all  engineers,  superintendents  or  inspect¬ 
ors  in  their  service,  are  hereby  authorized  and  directed  to 
enter  at  all  reasonable  hours  any  dwelling  or  other  place 
where  Passaic  water  is  taken  or  used,  or  where  unnecessary 
waste  thereof  is  known  or  suspected,  and  examine  and  in¬ 
quire  into  the  cause  thereof;  and  the  said  commissioners, 
engineers,  superintendents  and  inspectors  shall  have  full 
power  to  examine  all  service  pipes,  stop-cocks  and  other  ap¬ 
paratus  connected  with  the  water  supply  or  drainage  works, 
for  the  purpose  of  ascertaining  whether  the  same  are  of  the 
character  and  dimensions,  and  fixed  in  the  manner  directed 
in  the  permits  issued  therefor ;  and  if  any  person  or  persons 
shall  refuse  to  permit  such  examination,  or  oppose  or  ob¬ 
struct  such  officer  in  the  performance  of  such  duty,  he,  she 
or  they  so  offending  shall  be  liable  to  such  penalty,  not  ex¬ 
ceeding  ten  dollars  for  each  offence,  as  the  water  commis¬ 
sioners  may  impose,  and  the  supply  of  water  shall  also  be 
shut  off  until  the  required  examination  is  made,  and  -such 
alterations  and  repairs  are  completed  as  may  be  found  ne¬ 
cessary. 

23.  And  be  it  enacted ,  That  if  any  person  shall  place  any 
stones,  bricks,  lime,  sand,  lumber,  or  any  other  article  in 
such  situation  in  any  street,  avenue,  lane,  or  alley,  as  to 
prevent  access  to  any  water  pipe,  stop-cock,  or  fire  hy¬ 
drant,  belonging  to  the  Jersey  City  water  works,  or  to  any 
man  hole,  side  culvert,  or  gully  of  any  sewer  or  drain,  or  in 
such  situation  as  to  interfere  with  the  regular  action  of  such 
works,  the  owner  or  owners  of  such  materials  shall  forfeit 
and  pay  for  each  offence  the  sum  of  twenty-five  dollars,  and 
ten  dollars  for  each  day  such  articles  are  suffered  to  remain 
in  such  situation  after  written  notice  from  the  water  com¬ 
missioners  to  remove  the  same. 

24.  And  be  it  enacted ,  That  all  fines,  forfeitures,  and  pen¬ 
alties  imposed  by  or  under  authority  contained  in  this  act, 
may  be  sued  and  recovered  by  an  action  of  debt  instituted 
in  the  name  of  the  “  Water  Commissisners  of  Jersey  City,” 
before  any  justice  of  the  peace,  or  in  any  court  having  cog¬ 
nizance  in  similar  cases. 


13 


25.  And  be  it  enacted ,  That  any  lands  or  real  estate  taken, 
held,  or  occupied  or  used  for  the  Jersey  City  water  works, 
or  any  of  the  purposes  thereof,  shall  he  assessed  and  taxed 
in  the  manner  prescribed  by  law,  at  the  value  of  the  land, 
exclusive  of  any  pipes,  buildings,  machinery,  or  works  of  any 
kind  placed  thereon  ;  and  the  whole  of  the  said  works,  ex¬ 
clusive  of  the  land,  shall  be  exempted  from  taxation,  and 
that  within  the  county  of  Hudson  the  land  as  well  as  the 
works  shall  also  be  exempt. 

26.  And  be  it  enacted ,  That  the  water  commissioners  of 
Jersey  City  are  hereby  authorized  and  empowered  to  con¬ 
struct  the  sewerage  works  described  in  a  plan  submitted  by 
them  to  the  Mayor  and  Common  Council  of  Jersay  City,  in 
the  year  1853,  and  by  them  approved,  and  at  such  time  as 
the  Mayor  and  Common  Council  shall  decide  that  the  several 
parts  are  required  for  the  benefit  or  convenience  of  the  citi¬ 
zens,  or  the  promotion  of  the  public  health. 

27.  And  be  it  enacted ,  That  when  application  shall  be 
made  to  the  Mayor  and  Common  Council  of  Jersey  City  to 
have  a  sewer  or  drain  made  or  constructed  in  any  street, 
avenue,  lane  or  alley  in  said  city,  by  any  one  or  more  of  the 
owners  of  lots  fronting  on  any  part  of  the  line  of  the  pro¬ 
posed  sewer  or  drain  the  same  preliminary  proceedings  shall 
be  had  in  relation  thereto  as  are  now  authorized  and  directed 
by  the  charter,  when  applications  are  made  for  the  construc¬ 
tion  of  sewers  ;  and  if  the  Mavor  and  Common  Council,  after 
considering  the  application  and  objections  thereto,  if  any  are 
made,  shall  decide  that  the  sewer  or  drain  applied  for  ought 
to  be  constructed,  they  shall  give  notice  in  writing  of  such 
decision  to  the  water  commissioners,  who  shall  thereupon 
proceed  and  construct  the  said  sewer  or  drain,  and  connect 
therewith  the  drain  pipes  required  for  draining  the  adjacent 
streets,  the  whole  to  conform  in  all  essential  particulars  to 
the  before  mentioned  plan. 

28.  And  be  it  enacted ,  That  the  sewers  authorized  to  be 
constructed  in  Jersey  City  by  the  water  commissioners  of 
said  city  shall  not  be  constructed  on  the  plans  heretofore 
adopted  and  authorized  in  that  part  of  said  city  east  of  Pro- 


Exemptions 
from  tax¬ 
ation. 


Sewerage 

plan. 


Application 
for  sewers. 


Deviations 
from  sewer¬ 
age  plan. 


14 


Assessment 
on  Lon? 
Dock  Com¬ 
pany. 


vost  street,  and  between  Pavonia  avenue  and  North  Fifth 
street ;  and  no  sewer  shall  be  constructed  in  that  part  of  said 
city  except  as  hereinafter  provided,  but  shall  be  so  con¬ 
structed  as  to  drain  the  parts  of  said  city  lying  wTest  of  Pro¬ 
vost  street,  and  between  Pavonia  avenue  and  Forth  Fifth 
street,  and  along  North  First  street  west  of  Meadow  street, 
as  effectually  and  completely  as  could  be  done  by  the  plan 
heretofore  authorized  and  adopted,  and  that  for  that  purpose 
the  sewers  authorized  to  be  constructed  in  North  Second, 
North  Third,  North  Fourth,  and  North  Fifth  streets,  shall, 
at  Provost  street,  intersect  and  discharge  into  a  sewer  of 
sufficient  dimensions,  to  be  constructed  in  Provost  street  to 
North  Fifth  street,  and  thence  along  North  Fifth  street  east¬ 
erly  to  the  Hudson  river,  and  at  such  a  descent  as  will  carry 
off  the  water  at  ordinary  low  tide,  with  the  same  flow  as  it 
would  have  run  along  the  sewers  designed  by  the  plans  here¬ 
tofore  adopted. 

29.  And  be  it  enacted ,  That  in  assessing  the  expenses  for 
constructing  any  sewer  authorized  by  this  act,  which  in  any 
respect  differs  from  the  sewers  authorized  and  established  by 
the  existing  plan,  the  water  commissioners  of  Jersey  City 
shall  not  assess  upon  any  lands  except  the  lands  east  of  Pro¬ 
vost  street,  and  between  Pavonia  avenue  and  North  Fifth 
street,  now  owned  by  the  Long  Dock  Company,  any  greater 
expense  than  said  lots  would  have  been  subject  to  if  said 
sewers  had  been  constructed  on  the  plans  now  authorized  and 
adopted  ;  and  any  excess  of  such  cost  and  expense  over  and 
above  what  would  have  been  the  cost  if  constructed  on  the 
present  plans,  shall  be  assesed  upon  and  collected  from  the 
land  lying  east  of  Provost  street,  and  between  Pavonia  av¬ 
enue  and  North  Fifth  street,  which  are  now  owned  by  the 
Long  Dock  Company  ;  and  such  assessment  may  be  made 
upon,  and  levied  and  collected  from  said  lands,  by  such  pro¬ 
ceedings  and  sale  as  now  are,  or  may  be  hereafter  authorized 
by  law  to  assess,  levy  and  collect  the  costs  and  expenses  of 
other  sewers  upon  and  from  the  lands  in  said  city  made  sub¬ 
ject  thereto. 

30.  And  be  it  enacted ,  That  for  the  purpose  of  effectually 


15 


executing  and  carrying  out  the  plan  of  sewerage  and  drains, 
adopted  as  hereinbefore  indicated,  that  all  such  parts  of  the 
charter  of  Jersey  City,  approved  March  eighteenth,  eighteen 
hundred  and  fifty-one,  and  all  such  amendments  thereto  as 
relate  to  the  alteration  of  the  grade  of  streets,  and  all  other 
parts  of  said  charter  or  the  amendments  thereto,  as  contra¬ 
vene  or  are  inconsistent  with  the  true  intent  and  meaning  of 
the  provisions  of  this  act,  be  and  the  same  are  hereby  re¬ 
pealed,  and  the  water  commissioners  shall  within  six  months 
file  in  the  city  clerk’s  office  of  Jersey  City,  a  map  or  maps 
showing  the  proper  height  of  all  points  in  the  streets  of  said 
city,  with  such  alterations  from  time  to  time  as  shall  become 
necessarv  to  suit  any  changes  which  shall  be  made  in  the 
grades  of  sewers,  which  map  and  alterations  shall  be  the  au¬ 
thorized  grade  map  of  Jersey  City  ;  provided  that  no  altera¬ 
tion  shall  be  made  in  any  grade  unless  with  the  consent  of 
the  Common  Council  after  daily  publication  of  the  same  in 
two  of  the  city  papers  for  the  space  of  thirty  days,  and  not 
otherwise  than  in  the  manner  provided  in  the  charter  and 
supplements  incorporating  Jersey  City. 

31.  And  be  it  enacted ,  That  it  shall  be  lawful  for  the  board 
of  water  commissioners  to  cause  improvement  certificates  to 
be  issued,  under  the  hand  of  their  president,  attested  by  the 
signature  of  the  registrar  to  said  board,  in  such  sums  as  may 
seem  to  them  necessary,  in  payment  for  the  construction  of 
sewers  or  their  appurtenances,  now  or  hereafter  to  be  au¬ 
thorized  to  be  constructed  by  them,  and  that  the  same  shall 
be  made  payable,  with  such  rate  of  interest,  not  to  exceed 
seven  per  cent,  per  annum,  as  they  may  deem  best,  which 
said  Certificates  shall  be  paid  out  of  the  moneys  realized 
from  the  assessments  imposed  for  such  sewers  and  appur¬ 
tenances,  and  in  default  of  the  collection  of  the  same,  with¬ 
in  eighteen  months  of  the  date  thereof,  they,  the  said  water 
commissioners,  will,  on  thirty  days’  written  notice  by  the 
holder,  cause  the  same  to  be  paid,  with  the  interest  which 
shall  accrue  on  the  same. 

32.  And  be  it  enacted ,  That  the  said  certificates  shall  be 
made  transferable,  by  endorsement,  and  be  of  like  validity 


Street 

grades. 


Improve¬ 
ment  certi¬ 
ficates 


Interest. 


How  paid. 


Certificates 

treusfer- 

able. 


16 


Assessment 
on  comple¬ 
tion  of 
sewer. 


Notice  to  be 
given. 


Assessment 
a  lien. 


Arrears, 
how  col¬ 
lected. 


as  to  the  security  for  their  payment,  as  the  other  evidences 

of  indebetedness  authorized  to  be  issued  bv  this  act. 

*/ 

33.  And  be  it  enacted ,  That  when  any  sewer  and  the 
drain  pipes,  and  other  work  connected  therewith  shall  be 
completed,  the  water  commissioners  shall  ascertain  the 
whole  cost  thereof,  and  the  number  and  sizes  of  all  lots  or 
separate  parcels  of  ground  drained  thereby,  and  shall  fix  the 
amount  to  be  paid  for  each  in  proportion  to  their  dimensions, 
without  reference  to  their  situation  or  value  ;  .and  to  the 
whole  ascertained  cost  the  commissioners  shall  add  interest 
at  the  rate  of  seven  per  cent,  per  annum  upon  all  payments 
made  on  account  of  the  work  during  its  progress,  from  the 
time  of  payment  until  thirty  days  after  the  first  publication 
of  the  notice  hereinafter  directed,  and  such  interest  shall  be 
added  to  and  constitute  a  part  of  the  cost  of  the  work  ;  and 
wrhen  the  proportion  of  the  whole  cost  chargeable  to  each  lot 
or  parcel  of  ground  is  ascertained  in  the  manner  before 
directed,  public  notice  shall  be  given  by  an  advertisement, 
containing  a  full  statement  thereof,  which  shall  be  inserted 
one  week  in  two  newspapers  printed  in  Jersey  City,  and 
notice  shall  also  be  given  in  the  same  manner  of  the  place 
where  payment  will  be  received,  if  tendered  within  thirty 
days  next  succeeding  the  date  of  such  notice. 

34.  And  be  it  enacted ,  That  when  the  whole  cost  of  anv 
sewer,  and  the  works  therewith  connected,  shall  be  ascer¬ 
tained  and  the  interest  added,  and  the  amount  to  be  paid 
for  each  lot  fixed,  the  same  shall  be  a  lien  upon  said  lots 
respectively  ;  and  if  the  same  shall  not  be  paid  at  the  end 
of  the  thirty  days  from  the  first  publication  of  the  notice 
provided  for  in  the  preceding  section,  then  the  said  water 
commissioners  shall  make  out  and  deliver  to  the  Mayor  and 
Common  Council  of  Jersey  City,  an  account  thereof,  and 
certify  that  the  same  remains  due  and  unpaid,  and  the 
Mayor  and  Common  Council  shall  thereupon  order  and  di¬ 
rect  the  collector  of  revenue  to  proceed  and  collect  the 
amount  due,  in  the  same  manner  that  arrears  of  taxes  and 
assessments  are  collected,  and  with  interest  thereon,  from 
the  end  of  the  $aid  thirty  days,  at  the  same  rate,  and  the 


17 


said  collector  shall  thereupon  proceed  and  collect  the  same 
in  such  manner. 

35.  And  be  it  enacted ,  That  if  any  assessment  made  by 
the  Water  Commissioners  of  Jersey  City  for  the  cost  of  the 
construction  of  any  sewer,  and  the  drains  and  works  con¬ 
nected  therewith  shall  have  been  set  aside  by  themselves  or 
any  other  competent  tribunal,  said  water  commissioners  may 
make  a  new  assessment  of  said  cost,  according  to  law,  and 
the  same  shall  be  as  valid  and  of  the  same  effect  as  if  it  had 
been  the  first  assessment,  and  shall  be  made,  collected,  and 
enforced  in  the  same  manner. 

36.  And  be  it  enacted ,  That  when  any  old  sewer  in  Jersey 
City  is  wholly  or  in  part  taken  up,  to  benefit  other  lots,  by 
building  a  new  sewer  for  the  use  of  other  lots  not  otherwise 
properly  drained,  instead  of  assessing  to  the  lots  heretofore 
assessed  for  the  old  sewer,  their  full  share  of  the  cost  as  now 
required  by  law,  it  shall  be  optional  for  the  assessor  to  assess 
said  costs  and  charges  on  the  lots  requiring  such  extension 
and  use  of  such  sewer  and  tributaries  ;  or  such  proportion 
on  the  city  and  on  the  lots  before  assessed,  for  the  old  sewer, 
as  in  their  judgement  will  be  equitable  and  proper. 

37.  And  be  it  enacted ,  That  the  water  commissioners  may 
permit  parties  owning  lots  off  the  line  of  any  main  sewer  or 
lateral  to  drain  the  said  land  into  the  said  sewer  or  lateral, 
upon  payment  of  such  an  assessment  as  may  be  deemed  just ; 
and  provided  however,  that  no  assessment  for  this  purpose 
shall  be  made  or  annual  sum  paid  on  any  lot  or  parts  of  lots, 
the  owners  of  which  have  heretofore  paid  an  annual  sum  for 
the  drainage  of  said  lots  or  parts  of  lots  into  said  sewer ;  and 
provided  also,  that  where  the  construction  of  any  such  sewer 
or  lateral  shall  obstruct  the  natural  drainage  of  any  lot  or 
lots,  the  commissioners  shall  provide  an  outlet  for  said  water, 
or  permit  the  owner  or  owners  of  any  such  lots  to  drain  into 
said  sewer,  under  certain  restrictions  or  until  they  provide  a 
sewer. 

38.  And  be  it  enacted ,  That  the  water  commissioners  of 
Jersey  City  shall  have  exclusive  power  over  and  take  full 
charge  of  the  repairing  and  cleansing  of  all  public  sewers, 

3 


Assess¬ 
ments  may 
be  cor¬ 
rected. 


Assessing 
for  replac¬ 
ing  old 
sewers. 


Private 

drains. 


Commis¬ 
sioners  to 
have  exclu¬ 
sive  charge 
of  sewers. 


18 


Annual  tax 
for  repairs 
and  clean¬ 
ing. 


Survey  of 
route  of  ca¬ 
nal  or  cross 
sewer  to  be 
filed. 


Commis¬ 

sioners. 


Notice  of 
meeting  to 
be  given. 


and  tlie  necessary  parts  thereof,  constructed  in  Jersey  City, 
and  that  for  the  purpose  of  enabling  the  said  commissioners 
to  pay  the  expenses  incident  to  such  repairs  and  cleansing, 
they  are  hereby  authorized  to  impose  upon  each  lot  of  land 
in  said  city,  embracing  twenty-five  hundred  square  feet  of 
land  or  less,  an  annual  tax  not  exceeding  fifty  cents,  which 
said  tax  shall  be  a  lien  upon  said  lot,  and  shall  be  assessed 
and  collected  at  the  same  time  and  in  the  same  manner  as 
water  rents  are  now  assessed  and  collected. 

39.  And  be  it  enacted ,  That  before  the  canal  or  other  re¬ 
ceptacle  for  flushing  water,  lorming  a  part  of  the  aforesaid 
plan  for  draining  Jersey  City,  with  the  approval  of  the  Com¬ 
mon  Council,  shall  be  made  or  commenced,  the  water  com¬ 
missioners  of  Jersey  City  shall  cause  the  route  for  the 
same  to  be  carefully  surveyed  and  distinctly  marked,  and 
a  correct  map  made  thereof,  and  shall  obtain  detailed  esti¬ 
mates  of  the  probable  cost  of  constructing  the  same  ;  and  the 
said  water  commissioners  shall  give  public  notice  by  an  ad¬ 
vertisement  published  at  least  two  weeks  in  all  the  newspa¬ 
pers  printed  in  the  county  of  Hudson,  of  the  time  at  which 
they  will  present  certified  copies  of  the  said  map  and  esti¬ 
mates  to  the  circuit  court,  at  a  regular  session  thereof,  to  be 
held  in  and  for  the  county  of  Hudson,  and  ask  for  the  ap¬ 
pointment  of  commissioners  hereinafter  directed ;  and  the 
said  court,  after  receiving  and  considering  the  said  map  and 
estimates,  and  hearing  the  parties  interested  in  the  matter, 
shall  appoint  three  judicious  disinterested  men,  not  residents 
of  the  county  of  Hudson,  as  commissioners  to  apportion  and 
assess  the  estimated  cost  of  said  canal  upon  all  such  real 
estate  lying  in  Jersey  City,  or  adjacent  thereto,  as  will  in 
their  opinion  be  benefited  thereby. 

40.  And  be  it  enacted ,  That  the  commissioners  so  ap¬ 
pointed  shall  give  public  notice  to  all  concerned  of  the  time 
and  place  at  which  they  will  meet  for  the  purpose  of  per¬ 
forming  the  duties  herein  directed,  by  causing  the  same  to 
be  published  at  least  two  weeks  in  each  newspaper  printed 
in  the  county  of  Hudson  ;  and  they  shall  personally  examine 
the  route  of  the  proposed  canal  surveyed  and  marked  as 


19 


hereinbefore  directed  ;  and  after  hearing  such  parties  as  claim 
to  be  interested  therein,  and  considering  all  matters  relating 
thereto,  shall  make  out  and  present  to  said  court  a  report  in  Report, 
writing,  containing  a  list  of  all  such  land  as  in  their  opinion 
ought  to  be  assessed  for  the  payment  of  the  cost  of  the  said 
canal  and  the  proportion  of  the  whole  cost  which  ought  to 
be  charged  to  each  separate  parcel  thereof. 

41.  And  he  it  enacted ,  That  if  the  report  so  made  and  pre-  Report  to  be 

sented  sli all  he  approved  and  confirmed  by  the  said  court,  water  com- 
,  ,  ,  ,  ,  tt  i  i  n  •  .  missioned. 

the  county  clerk  ot  the  county  ot  Hudson  shall  give  notice 
thereof  to  the  water  commissioners  of  Jersey  City,  by  deliv¬ 
ering  to  them  a  certified  copy  of  said  report,  with  the  ac¬ 
tion  of  the  court  in  relation  to  the  matter  endorsed  thereon  ; 
and  the  said  water  commissioners  shall,  on  a  receipt  thereof,  whotocon- 
be  authorized  to  proceed  and  construct  the  said  canal ;  and 
when  completed  shall  ascertain  the  whole  cost  of  the  same,  Assess- 
and  collect  the  amount  so  ascertained  from  the  owners'  of 
the  land  described  in  the  report  of  the  commissioners  of  ap¬ 
praisement,  and  in  the  proportions  fixed  therein,  together 
with  the  legal  interest  accruing  thereon  from  the  time  the 
amount  is  ascertained  until  the  day  of  payment ;  and  if  the  Arrears, 
whole  or  any  part  of  the  sum  or  sums  so  ascertained  and  as¬ 
sessed  shall  remain  unpaid  for  a  longer  time  than  thirty 
days  after  the  date  of  a  notice  to  be  published  by  said  water 
commissioners,  that  the  canal  or  other  work  is  completed, 
and  payment  is  due  therefor,  the  same  measures  shall  be 
pursued  to  enforce  the  payment  thereof,  as  are  directed  in 
the  thirty-fourth  section  of  this  act. 

42.  And  he  it  enacted ,  That  it  shall  be  lawful  for  the  Recunstruc- 
Common  Council  of  Jersey  City,  whenever  in  their  estima-  ers. 

tion  the  public  good  will  be  promoted  thereby,  and  applica¬ 
tion  shall  be  made  to  them  as  directed  in  the  twenty-seventh 
section  of  this  act  for  such  purpose  to  direct,  in  the  manner 
provided  in  said  section,  the  water  commissioners  of  Jersey 
City  to  take  up  any  sewer  or  sewers  constructed  prior  to  the 
adoption  of  the  plan  named  in  this  act  ;  whether  directed  in 
said  plan  to  be  taken  up  or  not,  or  any  sewer  or  sewers,  or 
parts  thereof,  which  may  have  been  constructed,  or  ordered 


20 


Reconstruc¬ 
tion  bonds. 


Tax. 


May  invest 
proceeds  of 
tax. 


Bonds  to  be 
negotiable. 


to  be  constructed,  according  to  said  plan,  and  which  may 
have  proved  in  the  estimation  of  said  water  commissioners, 
inoperative  for  the  purposes  for  which  the  same  were  in¬ 
tended,  and  to  rebuild  the  same  in  conformity  with  the  said 
plan,  whereupon  it  shall  become  the  duty  of  the  said  water 
commissioners  to  take  up  and  rebuild  said  sewers  in  the 
manner  now  authorized  for  other  sewers  in  said  city. 

43.  And  be  it  enacted ,  That  for  the  purpose  of  enabling 
the  said  water  commissioners  to  pay  the  costs  and  expenses 
incident  to  the  taking  up  and  rebuilding  the  sewer  or  sewers, 
or  parts  thereof,  in  the  forty-second  section  of  this  act  men¬ 
tioned,  it  shall  be  lawful  for  the  said  commissioners  to  issue 
bonds  from  time  to  time  as  occasion  may  require  payable  in 
not  less  than  five  years,  and  at  such  rates  of  interest  not  ex¬ 
ceeding  seven  per  cent,  per  annum  as  they  may  deem  expe¬ 
dient  ;  and  impose  upon  each  lot  of  land  in  said  city,  em¬ 
bracing  twenty-five  hundred  square  feet  or  less,  an  annual 
tax  not  exceeding  one  dollar,  which  shall  be  appropriated  in 
their  discretion  to  the  payment  of  the  interest  and  principal 
of  said  bonds  as  the  same  shall  become  due,  and  appropriated 
to  no  other  purpose,  which  said  tax  shall  be  a  lien  upon  said 
lots  of  land  respectively,  and  shall  be  assessed  and  collected 
in  the  same  manner  as  water  rents  are  now  assessed  and 
collected. 

44.  And  be  it  enacted ,  That  it  shall  be  lawful  for  the  said 
water  commissioners,  from  time  to  time,  to  invest  the  pro¬ 
ceeds  of  the  tax  provided  for  in  the  preceding  section  of  this 
act  in  such  manner  as  to  them  may  seem  advisable  and  judi¬ 
cious,  and  to  change  such  investment  when  in  their  judg¬ 
ment  the  interest  of  the  public  may  demand  the  same,  to  the 
end  that  the  amount  so  levied  may  be  increased  by  the  cu¬ 
mulation  of  interest  thereon ;  provided,  that  nothing  in  this 
section  contained  shall  be  construed  as  restraining  the  said 
commissioners  at  any  time  from  appropriating  any  part  of 
said  proceeds  to  the  payment  of  the  interest  or  principal  on 
said  bonds,  as  prescribed  in  the  said  section  of  the  act. 

45.  And  be  it  enacted ,  That  the  bonds  authorized  to  be 
issued  in  the  forty-third  section,  shall  be  of  the  same  force 


21 


and  effect,  and  as  valid  for  all  the  purposes  directed  by  law, 
as  the  other  bonds  or  scrip  authorized  by  this  act,  and  that 
the  same  may  be  negotiated  and  pledged  in  the  same  manner 
and  on  the  same  terms  as  directed  for  the  bonds  heretofore 
authorized. 

46.  And  be  it  enacted ,  That  Andrew  Clerk,  Noah  D.  Tay¬ 
lor,  George  McLaughlin,  and  Patrick  Reilly,  together  with 
the  President  of  the  Board  of  Aldermen  of  Jersey  City,  for 
the  time  being,  shall  constitute  the  Board  of  Water  Com¬ 
missioners,  and  that  the  term  of  office  of  one  commissioner 
shall  expire  on  the  first  Monday  in  May  in  each  year,  fol¬ 
lowing  the  order  in  which  they  are  above  named. 

47.  And  be  it  enacted ,  That  at  the  charter  election  to  be 
held  in  said  city,  in  the  year  eighteen  hundred  and  sixty- 
nine,  and  every  year  thereafter,  there  shall  be  elected  one 
commissioner,  who  shall  hold  his  office  for  four  years  next 
ensuing  such  election  ;  and  any  vacancies  that  shall  occur  in 
said  commission  by  death,  resignation  or  otherwise,  shall  be 
filled  by  the  Common  Council  of  Jersey  City,  until  the  next 
annual  charter  election  for  officers  in  said  city,  when  the 
same  shall  be  filled  by  an  election  by  the  people  for  the  un¬ 
expired  term  ;  and  in  no  case  shall  a  water  commissioner  be 
an  alderman,  except  the  president  of  the  board  ex  ojjicio  / 
and  each  of  said  commissioners,  except  the  president  of  the 
board  of  aldermen,  who  are  appointed  by  this  act,  or  who 
shall  be  elected  or  appointed  under  the  provisions  of  this  act, 
before  entering  upon  the  duties  of  his  office  shall  give  a  bond 
of  twenty  thousand  dollars,  with  two  good  and  sufficient 
sureties,  to  the  Mayor  and  Common  Council  of  Jersey  City, 
and  to  be  approved  by  said  Mayor  and  Common  Council, 
for  the  faithful  performance  of  their  duties  as  such  commis¬ 
sioners. 

48.  And  be  it  enacted ,  That  the  said  commissioners  so  ap¬ 
pointed  and  elected,  shall  be  citizens  of  this  state,  residents 
of  Jersey  City,  of  the  age  of  at  least  thirty  years,  and  shall 
have  been  residents  of  said  city  for  at  least  three  years  next 
before  their  appointment ;  and  that  they  shall,  before  en¬ 
tering  upon  their  duties  as  commissioners,  each  take  and 


Names  of 

commis- 

sioaers. 


Election  at 
expiration 
of  term  of 
office. 


Vacancies 
to  be  filled 
by  common 
council. 


Bonds  to  be 
given. 


Qualifica¬ 
tions  <>f 
commis¬ 
sioners. 


22 


Duties  of 
president. 


Salary. 


Commis¬ 
sioners  may 
be  removed. 


Repealing 

clause. 


subscribe  an  oath  faithfully  to  perform  the  duties  of  water 
commissioners  of  Jersey  City  according  to  law,  which  oath 
shall  be  administered  by  any  notary  public  of  this  state,  or 
the  city  clerk  of  Jersey  City,  and  filed  by  said  city  clerk  in 
his  office. 

49.  And  be  it  enacted ,  That  it  shall  be  the  duty  of  the 
president  of  the  board  of  said  water  commissioners  to  take 
the  general  charge,  supervision,  and  direction  of  the  Jersey 
City  water  and  drainage  works,  and  of  all  officers,  agents, 
overseers,  inspectors,  workmen,  and  others  employed  in  the 
care  and  management  of  the  same,  subject  to  the  special 
direction  and  general  rules  of  the  board  ;  and  it  shall  also  be 
the  duty  of  said  president  and  at  least  one  of  the  other  com¬ 
missioners  to  visit  the  engine  house  and  inspect  the  pumping 
engines  and  other  machinery,  the  reservoirs  and  other  parts 
of  the  water  works,  once  in  each  month,  or  oftener,  if  neces¬ 
sary  ;  and  to  make  and  preserve,  in  a  book  to  be  provided 
for  that  purpose,  a  record  of  all  such  visits,  with  remarks 
upon  the  condition  in  which  the  several  parts  of  the  water 
works  were  found,  and  upon  the  conduct  of  those  having 
charge  thereof. 

50.  And  be  it  enacted ,  That  the  salary  of  the  president  of 
said  board  of  water  commissioners  shall  not  exceed  the  sum 
of  one  thousand  dollars  per  annum  to  be  paid  out  of  any 
money  belonging  to  said  board. 

51.  And  be  it  enacted ,  That  the  Mayor  and  Common 
Council  of  Jersey  City  shall  at  any  time  remove  any  com¬ 
missioner,  provided  it  shall  satisfactorily  appear,  after  reason¬ 
able  notice  to  the  parties,  and  hearing  the  causes  of  com¬ 
plaint  and  answers  thereto,  if  any  shall  be  offered,  that  the 
commissioner  whose  removal  is  sought,  has  been  guilty  of 
such  mal-administration,  or  such  neglect  of  the  duties  of  his 
office,  that  his  removal  will  be  right  and  proper ;  and  two- 
thirds  of  all  the  members  elected  to  the  said  Common  Coun¬ 
cil  shall  concur  in  such  removal. 

52.  And  be  it  enacted ,  That  the  act  entitled  u  An  Act  to 
authorize  the  construction  of  works  for  supplying  Jersey  City 
and  places  adjacent  with  pure  and  wholesome  water,”  and 


23 


the  several  supplements  thereto,  and  all  acts  and  parts  of 
acts  inconsistent  with  this  act  are  hereby  repealed. 

53.  And  be  it  enacted ,  That  this  act  shall  be  deemed  a 
public  act  and  shall  take  effect  immediately. 

Approved  April  2,  1869. 


2  098430 


